(Day 3 - Am) Criminal Law

8/25/23, 8:15 PM [DAY 3: AM] CRIMINAL LAW
[DAY 3: AM] CRIMINAL LAW

This series of Mock Bar Examinations are prepared by SBCA CBO and UdM CBO
with the purpose of simulating the Three Day Bar Exam 2023 Schedule and
assess the bar taker’s proficiency in the subjects. It also aims to enhance the
composition of answers such that the structure of the answers would merit the
highest possible score under the Bar Grading Rubric provided in Bar Bulletin No.
25 s. 2021.
Each Core Bar Subject contains 20 questions and can be answered within 4
Hours. Each question was carefully crafted by the professors and academics
volunteers of both SBCA CBO and UdM CBO. The mock bar exams will NOT be
proctored. Examinees are encouraged to follow the honor code. This is not just a
test of knowledge, but also character, especially moral fitness.
Suggested answer format: ALAC method — Answer-Law or Legal Basis —

Application-Conclusion
DISCLAIMER: All data and information obtained from the exam will remain
confidential and be used only for academic purposes, with the sole intent of
strengthening the students’ preparation for the Bar.
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1) Robbie and Rannie are both inmates of the National Penitentiary,

serving the maximum penalty for robbery which they committed some
years before and for which they have been sentenced by final judgment.
One day, Robbie tried to collect money owed by Rannie. Rannie insisted
that he did not owe Robbie anything, and after a shouting episode, Rannie
kicked Robbie in the stomach. Robbie fell to the ground in pain, and Rannie
left him to go to the toilet to relieve himself. As Rannie was opening the
door to the toilet and with his back turned against Robbie, Robbie stabbed
him in the back with a bladed weapon that he had concealed in his waist.
Hurt, Rannie ran to the nearest “kubol” where he fell. Robbie ran after him·
and, while Rannie was lying on the ground, Robbie continued to stab him,
inflicting a total of 15 stab wounds. He died on the spot. Robbie
immediately surrendered to the Chief Warden. When prosecuted for the
murder of Rannie, Robbie raised provocation and voluntary surrender as
mitigating circumstances. The prosecution, on the other hand, claimed
that there was treachery in the commission of the crime.
Is Robbie a recidivist, or a quasi-recidivist?
Your answer
2) Convict, A, serving sentence for robbery escaped from the penitentiary

and killed a rival gang member. Found guilty of homicide, he was given a
straight prison term. He moved for reconsideration, contending that not
being a habitual delinquent, he was entitled to an indeterminate sentence.
Decide with reasons.
Your answer
3) Lucas, a minor, was bullied by Bruce, his classmate. Having had enough,
Lucas got the key to the safe where his father kept his licensed pistol and
took the weapon. Knowing that Bruce usually hung out at a nearby
abandoned building after class, Lucas went ahead and hid while waiting
for Bruce. When Lucas was convinced that Bruce was alone, he shot
Bruce, who died on the spot. Lucas then hid the gun in one of the empty
containers. At the time of the shooting, Lucas was fifteen years and one
month old. What is Lucas' criminal liability? Explain.
Your answer
4) Nelly learned that Edgar, the owner of the biggest house in the place,
would be out of town for three days with no one left to watch the house.
He called his friends Benny, Armando and Gregorio and they planned to
take the valuables in the house while Edgar was away. Nelly and Benny
would go inside the house, Armando would serve as the lookout, while
Gregorio would stay in the getaway car. When Edgar left, they carried out
their plan to the letter. Nelly and Benny went inside the house through the
backdoor which was left unlocked. None of the rooms and drawers inside
were locked. They took the money, jewelry and other valuables therefrom
and immediately left using the getaway car.
After driving for about one kilometer, Nelly realized he left his bag and
wallet with IDs in the house and so he instructed Gregorio to drive back to
the house. Nelly just went in thinking that the house was still empty. But to
his surprise, Nelly found Fernando seated on a bench with Nelly's bag and
wallet beside him and appeared to be texting using his smart phone. Nelly
took a golf club near him and hit Fernando with it. Fernando shouted for
help, but Nelly kept hitting him until he stopped making noise. The noise
alerted the neighbor who called the police. Nelly, Benny, Armando and
Gregorio were caught. Fernando died. What is the criminal liability of Nelly,
Benny, Armando and Gregorio? Explain.
Your answer
5) Penny is a French diplomat stationed in the Philippines. While on EDSA

and driving with an expired license, he hit a pedestrian who was crossing
illegally. The pedestrian died. Penny was charged with reckless
imprudence resulting in homicide. In his defense, he claimed diplomatic
immunity. Is Penny correct?
Your answer
6) Adam has always been infatuated with Eva. Scorned by the latter’s
disregard for his feelings towards her, the former came up with a plan to
abduct the latter in order to have carnal knowledge of her and with the help
of his buddies, Joey, Garnt, and Connor.
On the day they decided to carry out the plan, and while surreptitiously
waiting for Eva, Connor had a change of heart and left.
This notwithstanding, Adam, Joey, and Garnt continued with the plan and
abducted Eva by forcefully taking her to a deserted house away from the
city. There, Adam restrained Eva's arms, while Joey held her legs apart.
Garnet stood as a lookout. As a result, Adam was then able to have carnal
knowledge of Eva, who was resisting throughout the entire ordeal.
Consequently, Adam was charged with the crime of Forcible Abduction

under the Revised Penal Code. Is the charge against Adam proper?
Explain.
Your answer
7) While executing a search warrant, Rodolfo, a police officer pocketed and

absconded with the mobile phone of the occupant of the premises being
searched. The mobile phone was not the subject of the search warrant. It
was not enumerated in the order. Did Rodolfo commit a crime? Explain
briefly.
Your answer
8) Nando, the accused in a pending case, forcibly snatched Grace, the

daughter of Judge Berto, and kept her in an undisclosed location. Nando
then called to tell Judge Berto, that Grace would only be released if Judge
Berto would acquit Nando in the pending case.
Did Nando commit a crime with these acts? Explain briefly.
Your answer
9) Is technical malversation, being a crime found in the RPC, mala in se or

mala prohibita?
Your answer
10) Governor A was given the amount of P10 million by the Department of
Agriculture for the purpose of buying seedlings to be distributed to the
farmers. Supposedly intending to modernize the farming industry in his
province, Governor A bought farm equipment through direct purchase from
XY Enterprise, owned by his kumpare B, the alleged exclusive distributor of
the said equipment. Upon inquiry, the Ombudsman discovered that B has a
pending patent application for the said farm equipment. Moreover, the
equipment purchased turned out to be overpriced.
Later on, Governor A was charged with the felony of Technical

Malversation.
Is the charge proper?
Your answer
11) Harvey has a long-standing feud with Louis. As payback for Louis's
numerous transgressions against him, Harvey planned to bum down the
latter’s rest house.
One night, Harvey went to the rest house and started pouring gasoline on
its walls. However, just as he had lit the match for burning, he was
discovered by Louis's caretaker, Jessica, and was consequently prevented
from setting the rest house on fire. Thereafter, Harvey was then charged
with Frustrated Arson.
Is the charge of Frustrated Arson proper? Explain
Your answer
12) Several petitions filed 37 separate petitions for certiorari and/or

prohibition assailing the constitutionality of some of the provisions of
Republic Act No. 11479, otherwise known as the Anti-Terrorism Act of
2020. Petitioners primarily assailed, inter alia, the validity of the
extraterritorial application of the law under Section 49 contending that it
expands the reach of the ATA to any Filipino who commits acts penalized
under the law outside of the territorial jurisdiction of the Philippines.
The questioned provisions that “SECTION 49. Extraterritorial Application. —

Subject to the provision of any treaty of which the Philippines is a
signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply:
(a) To a Filipino citizen or national who commits any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act
outside the territorial jurisdiction of the Philippines;
(b) To individual persons who, although physically outside the territorial
limits of the Philippines, commit any of the crimes mentioned in
Paragraph (a) hereof inside the territorial limits of the Philippines;
(c) To individual persons who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes mentioned in
Paragraph (a) hereof on board Philippine ship or Philippine airship;
(d) To individual persons who commit any of said crimes mentioned in
Paragraph (a) hereof within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine government in an
official capacity;
(e) To individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes mentioned in Paragraph (a)
hereof against Philippine citizens or persons of Philippine descent, where
their citizenship or ethnicity was a factor in the commission of the crime;
and
(f) To individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes directly against the Philippine
government.
In case of an individual who is neither a citizen or a national of the

Philippines who commits any of the crimes mentioned in Paragraph (a)
hereof outside the territorial limits of the Philippines, the Philippines shall
exercise jurisdiction only when such individual enters or is inside the
territory of the Philippines: Provided, That, in the absence of any request
for extradition from the state where the crime was committed or the state
where the individual is a citizen or national, or the denial thereof, the ATC
shall refer the case to the BI for deportation or to the DOJ for prosecution
in the same manner as if the act constituting the offense had been
committed in the Philippines.”
Is Section 49 valid?
Your answer
13) Juan and Tes are husband and wife, respectively. Believing that his
work as a lawyer is sufficient to provide for the needs of their family, Juan
convinced Tes to be a stay-at-home mom and care for their children. One
day, Juan arrived home earlier than usual and caught Tes in the act of
having sexual intercourse with their female nanny, Chona, in their
matrimonial bed. In a fit of rage, Juan retrieved his revolver from inside the
bedroom cabinet and shot Chona, immediately killing her.
Is Art. 247 (death or physical injuries inflicted under exceptional

circumstances) of the Revised Penal Code (RPC) applicable in this case
given that the paramour was of the same gender as the erring spouse?"
Your answer
14) Pedro and Juanita have been married for twelve (12) years and had
two (2) children. The first few years of their marriage went along smoothly.
However, on the fifth year onwards, they would often quarrel when Pedro
came home drunk. The quarrels became increasingly violent, marked by
quiet periods when Juanita would leave the conjugal dwelling. During
these times of quiet, Pedro would "court" Juanita with flowers and
chocolate and convince her to return home, telling her that he could not
live without her; or Pedro would ask Juanita to forgive him, which she did,
believing that if she humbled herself, Pedro would change.
After a month of marital bliss, Pedro would return to his drinking habit and
the quarrel would start again, verbally at first, until it would escalate to
physical violence.
One night, Pedro came home drunk and went straight to bed. Fearing the
onset of another violent fight, Juanita stabbed Romeo while he was
asleep. A week later, their neighbors discovered the rotting corpse on the
marital bed. Juanita and the children were nowhere to be found.
Thereafter, Juanita was charged with parricide. In her defense, she
asserted "battered woman's syndrome".
Is Juanita's "battered woman syndrome" defense meritorious? Explain.
Your answer
15) Differentiate wheel conspiracy and chain conspiracy.
Your answer
16) Is prescription interrupted in a criminal case even if the court where

the action is later filed, is without jurisdiction (or even dismissed without
prejudice)?
Your answer
17) With a promise of reward, Roberto asked Remy to bring him a young
girl that he (Roberto) can have carnal knowledge with.
Romy agreed, seized an eight-year old girl and brought her to Roberto.
After receiving his reward, Remy left while Roberto proceeded to have
carnal knowledge with the girl.
For what offense may Roberto and Remy be charged?
Your answer
18) Mr. T, the president of Tiktok, bumped into Mr. M, who is the Labor
Arbiter assigned to the illegal dismissal case filed by certain employees
against his company. During their encounter, T promised M a luxury car in
exchange for a favorable ruling. M immediately rejected the offer and
walked away. Assuming that T’s offer was instead accepted, what crime/s
did Mark commit, if any?
Your answer
19) Andres, a domestic servant of Bobby has been nurturing a deep hatred

and grudge against boss for a long time. One day, while Bobby was seated
on his favorite rocking chair, Andres suddenly stabbed Bobby with a mortal
wound. It turned out, however, that Bobby had been dead from a severe
stroke two hours ago.
For what crime can Andres be held liable? Reasons.
Your answer
20) What is the three-fold rule in the service and execution of criminal

sentence and its rule of applicability?
Your answer
Ora et Labora. That in All Things, God may be Glorified!
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8/25/23, 8:15 PM [DAY 3: AM] CRIMINAL LAW

[DAY 3: AM] CRIMINAL LAW

Suggested answer format: ALAC method — Answer-Law or Legal Basis —

anvilmun@gmail.com Switch account

* Indicates required question

Name of Bar Mentor or Bar Peer (For SBCA or UdM Examinees)

1) Robbie and Rannie are both inmates of the National Penitentiary,

Is Robbie a recidivist, or a quasi-recidivist?

2) Convict, A, serving sentence for robbery escaped from the penitentiary

5) Penny is a French diplomat stationed in the Philippines. While on EDSA

Consequently, Adam was charged with the crime of Forcible Abduction

7) While executing a search warrant, Rodolfo, a police officer pocketed and

8) Nando, the accused in a pending case, forcibly snatched Grace, the

Did Nando commit a crime with these acts? Explain briefly.

9) Is technical malversation, being a crime found in the RPC, mala in se or

Later on, Governor A was charged with the felony of Technical

Is the charge proper?

Is the charge of Frustrated Arson proper? Explain

12) Several petitions filed 37 separate petitions for certiorari and/or

The questioned provisions that “SECTION 49. Extraterritorial Application. —

In case of an individual who is neither a citizen or a national of the

Is Art. 247 (death or physical injuries inflicted under exceptional

Is Juanita's "battered woman syndrome" defense meritorious? Explain.

15) Differentiate wheel conspiracy and chain conspiracy.

16) Is prescription interrupted in a criminal case even if the court where

For what offense may Roberto and Remy be charged?

19) Andres, a domestic servant of Bobby has been nurturing a deep hatred

For what crime can Andres be held liable? Reasons.

20) What is the three-fold rule in the service and execution of criminal

Ora et Labora. That in All Things, God may be Glorified!

Submit Clear form

Never submit passwords through Google Forms.

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